What is the test for establishing a cause of action for wrongful death of a fetus?

In sum, since this court decided to reject the asserted cause of action for the wrongful death of a fetus--as I believe it should--it must rest that [19 Cal.3d 587] decision on reasons of policy similar to those discussed in Borer v. American Airlines. (19 Cal.3d at pp. 446--448, 138 Cal.Rptr. at pp. 305--307, 563 P.2d at pp. 861--863.) It cannot avoid those difficult policy choices by limiting its vision to the terms of Code of Civil Procedure section 377 and ignoring the evolving common law of today.